A Guide to Claiming Compensation For Damp And Mould

By Jo Anderson. Last Updated 19th January 2024. You may be wondering if, after suffering effects of sleeping in a damp room, you could make a personal injury claim against your landlord.

In this guide, we offer advice on claiming compensation if you have suffered harm due to sleeping in a room with mould and damp in the property you’re renting. We will also discuss the duty of care landlords owe their tenants regarding house repairs. Additionally, we will share examples of the illnesses you could suffer from due to being exposed to damp and mould, as well as the evidence that could be used to support your claim.

To find out if you can make a personal injury claim against your landlord for illness caused by black mould in your rental property, call our advisors for a free case assessment. Our friendly team is available 24/7 to help you.

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Tenants Rights To Damp And Mould Compensation – Is Damp A Landlord’s Responsibility?

If you’re wondering ‘Is damp a landlord’s responsibility?’ the answer may not be as simple as saying yes or no.

There could be confusion about the responsibilities and tenants’ rights in damp properties. This is because there are different reasons that there might be damp or mould within a property.

For example, rising damp or penetrating damp may be the landlord’s responsibility because they are responsible for the structural maintenance of a property that they rent out.

However, there is a big difference between penetrating damp and condensation, and that is the fact that condensation could actually be caused by a tenant’s lifestyle, if they hang washing inside the house, cook often without ventilation, have a lot of showers, or boil a lot of water. However, it could also be argued that if a property has poor ventilation, this may lead to damp caused by condensation.

When it comes to repairing damp within a property, even damp caused by condensation, it could be argued that this falls under the landlord’s obligations as if condensation is a big issue, and mould is forming, then it may be considered to be a structural issue.

Mould In A Rented Property – How Long Do I Have To Claim For Harm Caused?

If you are eligible to make a claim for compensation for mould and damp, you will need to be aware of the time limits in place.

If you are making a housing disrepair claim for damp and mould in a rented property, you will generally have 6 years to start your claim.

Alternatively, if you are making a personal injury claim, under the Limitation Act 1980, you will generally have 3 years to start your claim from the date you suffered harm. However, some exceptions may apply to this limitation period for minors and those who lack the mental capacity to make their own claim.

To see which type of claim you should make for damp and mould, or for landlord responsibility regarding mould, you can contact our advisors.

What Illnesses And Complications Could Be Caused By Penetrating Damp And Mould?

Unfortunately, penetrating damp and mould could cause issues to your health and to your belongings. In terms of your belongings, it could cause them to become ruined, and you may have to replace them or repair them if a repair is possible.

When it comes to your health, there are several problems that could be caused by penetrating damp and mould. These could include:

  • Respiratory illness
  • Allergies
  • Asthma
  • A weakened immune system
  • Skin rash
  • Respiratory infection
  • And more…

This is because penetrating damp could cause mould. Mould produces some allergens, that could cause people to have an allergic reaction. This reaction could produce a number of symptoms, including red eyes, skin rashes, runny nose and sneezing, for example.

People Who Should Avoid Sleeping In A Room With Mould Or Damp

There are some people who may be more sensitive to damp and mould. These could include:

  • Young children
  • Babies
  • The elderly
  • Those who suffer eczema or other skin conditions
  • Those who suffer from asthma or other respiratory illnesses
  • Those with allergies
  • Those who have an immune system that is already weakened

How Much Compensation For Damp And Mould Could I Claim?

If you successfully receive compensation for a damp and mould claim,  your settlement could consist of general and special damages. 

General damages is the head of claim that compensates you for the harm you have suffered and the pain and suffering they’ve caused you. 

The Judicial College Guidelines (JCG) could be useful to those calculating such payouts. It provides a list of different injuries and illnesses at varying severities, along with associated guideline compensation brackets. You can see some figures from the JCG in the table below. These are taken from the 2022 edition. However, we should note that the first line in the table is not from the JCG and that these figures should only ever be used as guidance.

Illness/Injury Notes Payout bracket
Multiple serious injuries causing financial expense. Settlements for a combination of multiple serious injuries. Inclusive of damages for pain and suffering and for financial expense such as medical expenses, and loss of earnings. Up to £100,000+
Dermatitis in both hands (a) Work capability and the ability to perform domestic tasks may be affected. £13,740 to £19,200
Dermatitis in one or both of your hands (b) Symptoms could last for a significant period of time, but special gloves and treatments may be effective over time. £8,640 to £11,410
Asthma (a) Asthma causing disturbances to sleep due to regular coughs, leading to loss of enjoyment of life and restrictions on a person’s ability to work. £43,060 to £65,740
Asthma (b) Chronic asthma causing breathing difficulties. An uncertain prognosis could fall under this bracket. £26,290 to £43,010
Asthma(c) This may take a few years to recover from and would have an impact on work/social life £19,200 to £26,290
Asthma (d) Claims in this bracket could arise from the inhalation or vapours that irritate the respiratory system. £10,640 to £19,200

Additionally, you may receive compensation for costs and financial losses sustained due to the harm you have suffered. These are compensated under special damages, and can include:

  • Care costs –  If your illness or injury has left you unable to care for yourself, and you’ve had to have paid care at home.
  • Medical expenses –  If you need to pay for prescription medicines, for example.
  • Loss of income – Loss of earnings could result from you being unable to work due to your injuries or illness.
  • Travel expenses – If you needed to pay for transport to go to medical appointments or to visit your solicitor for a meeting, these could be compensated for under special damages.

Providing evidence of these costs with documents, such as payslips, receipts and invoices, could help support your claim for special damages.

To learn more about how compensation is calculated in housing disrepair claims, please contact an advisor.

No Win No Fee Compensation Claims Against Landlords For Penetrating Damp

If you are eligible to make a claim for compensation for damp and mould that has caused you harm, you might wish to get help from a solicitor. By working with a solicitor who has experience with these types of claims, they could help you gather evidence and negotiate with the liable party for an appropriate compensation settlement.

One of our solicitors could offer to work on your case under a No Win No Fee agreement, such as a Conditional Fee Agreement. With this type of contract in place, you will not have to pay them anything upfront to obtain their services. You also won’t be required to pay them for their work while your claim is progressing or if it fails.

A success fee will be deducted from your compensation should your claim be a success. There is a legal cap in place that limits the percentage that this fee can be.

To check whether you could be eligible to make a claim with one of our No Win No Fee solicitors or to discuss your case with an advisor, please don’t hesitate to get in touch.

Start My Penetrating Damp And Mould Claim

Do you now know more about tenants right to damp and mould compensation? Do you feel that you would like to make a claim, or would you like more advice? Either way, you can reach us in any one of the following ways and we’ll be happy to help you.

By telephone: 0800 073 8801

Via email: office@accidentclaims.co.uk

Or, if you prefer, you could fill in the contact form. Alternatively, why not use the live chat feature here on the site. However and whenever you choose to get in touch, we’ll be glad to help you.

Essential Resources Relating To Tenants Rights to Damp and Mould Compensation

Tenants Resources And Medical References Relating To Damp Compensation Claims

We hope this guide helped you understand more about claiming compensation from a landlord for mould and damp. Plus, how much compensation for housing disrepair you could receive. For any further queries, get in touch today.